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HomeMy WebLinkAbout06/18/1986 MINUTES CCBakersfield, California, June 18, 1986 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., June 18, 1986. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Yeary of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Sa]vaggio, Smith, Childs, Christensen, Dickerson, Moore, Ratty Absent: None MINUTES Upon a motion by Councilmember Moore, Minutes of the Special Meeting of May 19 and the Regular Meetings of May 21, and June 4, 1986 were approved as presented. (This item was recon- sidered after Scheduled Public Statements.) SCHEDULED PUBLIC STATEMENTS Morton Frey, President of the Association of Bakersfield Police Officers, recognized City Attorney Oberholzer for his efforts and professionalism in the case of Kevin James vs. City of Bakersfield. Police Chief Price thanked City Attorney Oberholzer and indicated that the city was served very well by him. Councilmember Moore stated with extreme pleasure that the Judge trying the case commented to the jury that it was the best closing argument that he had ever heard. City Attorney Oberholzer responded that the jury did not take long to reach a decision because they found the Bakersfield Police Department has well-trained and professional police officers.. Norman Walters, 3301 Dwight Street, spoke regarding the Council's conduct. MINUTES CONTINUED Councilmember Dickerson made a motion to reconsider Minutes of May 21, 1986. This motion was approved by the following roll call vote: the Ayes: Noes: Absent: Abstaining: Councilmembers Salvaggio, Childs, Councilmember Ratty None Councilmembers Smith, Moore Christensen, Dickerson Councilme~nber Dickerson stated he would like included in the minutes his statement made at the Council meeting that he was not present when the Committee adopted Report No. 5-86 from the Legislative Committee regarding SCA 9 Review of Parole Decisions, and that he was not in agreement with the Committee Report. This motion was approved with Councilmembers Moore and Smith abstaining. CORRESPONDENCE Upon a motion by Councilmember Ratty, communication from California Trucking Assoc., Inc., 1251 Beacon Blvd., West Sacramento, dated May 28, 1986, regarding Statewide Operation of Semitrailers with Kingpin-to-Rear-Axle Settings of 40-feet in the City of Bakersfield was received and referred to the Legislative Committee. Bakersfield, California, June 18, 1986 Page 2 Upon a motion by Councilmember Christensen, com- munication from Kern Valley Wildlife Assoc., P.O. Box 2180, Lake Isabella, dated May 30, 1986, regarding opposition to the Golf Course in the area of the Kern River between Gosford Road and Stockdale Highway, was received and referred to the Planning Department. Upon a motion by Councilmember Moore, communication from Golden Empire Transit, P.O. Box 2870, dated May 30, 1986, regarding the Proposed Fiscal Year 1986-87 Budget for the Golden Empire Transit District was received and placed on file. Upon a motion by Councilmember Childs, communication from Vernon D. Strong, Real Estate Broker, 828 East California Avenue, dated June 6, 1986, requesting assistance from the City Council and City staff in developing a Proposal to Consolidate the Component Office Spaces of the Kern County Economic Opportunity Corporation was received and referred to staff and the Budget and Finance Committee. Upon a motion by Councilmember Childs, communication from Bakersfield Senior Center, 530 Fourth Street, dated June 12, 1986, requesting funds paid under Agreement No. 85-191 be treated as a grant was received, placed on file, and approve funds paid be considered a grant. Upon a motion by Councilmember Christensen, com- munication from Bakersfield Symphony Orchestra, 400 Truxtun Avenue, dated June 13, 1986, requesting to use the Civic Auditorium for rehearsals the day before each subscription con- cert, was considered an emergency item. Upon a motion by Councilmember Christensen, John Ferrar was allowed to address the Council. John Ferrar, Conductor Orchestra, requested the use of prior to Sunday's performance. of the Bakersfield Symphony the Civic Auditorium on the Saturday Councilmember Dickerson made a motion to direct the Auditorium Manager, through the City Manager's direction, to pro- vide as many dates possible for the Bakersifeld Symphony Orchestra to rehearse. If dates become available through cancellation, that they get First priority over picking that date, where practical, that they have all the City's resources in being able to practice at the Auditorium. Then as a future policy, and we can divide this question, that we set up a priority that the Orchestra be allowed to have a rehersal period the day prior to their perfor- mance. Councilmember Dickerson stated the tenor of his motion that as far as this year's budget, FY 1985-86, is concerned, that is part one. And part two would be the Following year's budget, FY 1986-87, that we give a priority to allowing a rehearsal time the day prior to performance to the Bakersfield Symphony. Mr. Ferrar indicated that they are ready to make any reasonable changes. Councilmember Dickerson indicated that he could accept that as part oF the motion or the understanding of the motion if that is acceptable to staff. Rus Richards, President of Local 263, Federation oF Musicians, spoke in support oF Mr. and thanked the Council for its support. American Ferrar's request, Bakersfield, California, June 18, 1986 Page 3 Upon request of Councilmember Childs, Councilmember Dickerson restated the first part of his motion to direct the Auditorium Manager, through the City Manager, to provide, where possible on a priority basis, dates available to the Bakersfield Symphony Orchestra for practices as a rehearsal prior to their presentation throughout this fiscal year. This motion was unani- mously approved. Councilmember Dickerson made a motion to refer this policy discussion to the Auditorium and Community Services Committee and for them to receive a recommendation from the Citizens' Auditorium Committee and make a finding and present back to Council. ~t Upon a motion by Councilmember Ratty, the call for the question was unanimously approved. Councilmember Dickersoh's motion to refer this policy discussion to the Auditorium and Community Services Committee and for them to receive a recommendation from the Citizens' Auditorium Committee and making a finding and present it back to Council was unanimously approved. COUNCIL STATEMENTS Councilmember Salvaggio made a motion to refer the Ordinance regarding Adult Entertainment to the Planning Commission for consideration and referral back to Council for future adop- tion. Councilmember Moore expressed, for the record, support for the Ordinance. Councilmember Sa]vaggio's motion to refer the Ordinance regarding Adult Entertainment to the Planning Commission for con- sideration and referral back to Council for future adoption, was unanimously adopted. Councilmember Childs made a motion to refer a letter from Mark Smith, 2700 17th Street, dated June 12, 1986, to the Mayor regarding consideration of his appointment to the Redevelopment Agency. Mayor Payne indicated that he will appoint Michael H. McCalister as the Mayor's appointee to the Historic Preservation Cornmission. (This item was approved following Reports on Page 6.) Mayor Payne indicated that the Chamber of Commerce is taking a trip to Edwards Air Force Base on Monday, at 10:00 a.m., and they are requesting a represent of Council to accompany the Chamber members and several V.I.P's. Upon a motion was allowed to represent the Chamber of Commerce. by Councilmember Childs, Councilmember Ratty the City at Edwards Air Force Base with Mayor Payne read the names of individuals who have sub- mitted resumes for appointment or consideration to the Redevelopment Agency and indicated resumes will be submitted by the first of the week: Marion H. "Guy" Greenly James B. Garner, Sr. Frank S. Lewis Nathen M. Krevltz Herman Redel Lee Adams Leonard J. Schroeder Patrick H. Smith Mark Smith Bakersfield, California, June 18, 1986 Page 4 REPORTS Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 21-86, regarding Amendment to Agreement with Enriquez Construction (No. 85-128) as follows: On June 12, 1985 City Council approved Agreement No. 85-128 which provided Enriquez Construction with five City owned lots for development. Enriquez Construction was to construct five single family units and make those homes affordable to families whose annual gross income was below 80% of the City's median income. This agreement was for a period of six months expiring December 12, 1985. Because of problems obtaining financing, the contractor has been unable to start the project within the specified time. Consequently, they asked for an amendment to the above mentioned agreement and on December 11, 1985 City Council extended Agreement No. 85-249 for a period of an additional six months. Due to a flex in the interest rates for funds generated from the California Housing Finance Agency, Enriquez Construction was only allowed to construct three of the five single family units and the remaining two were to be funded once one of the original houses was sold. To date, Enriquez Construction has totally completed and has sold two of the units. With those two sales, the California Housing Finance Agency will now provide the long term financing of the remaining two lots. Therefore, we are recommending that the Mayor be authorized to execute an amendment extending the terms of Agreement No. 85-128 for and additional six months. Upon a motion by Councilmember Childs, recommendations of Report No. 21-86 from the Budget and Finance Committee, regarding Amendment to Agreement with Enriquez Construction No. 85-128), were accepted and the findings implemented. Councilmember Childs, Chairman of the Budget and F nance Committee, read Report No. 22-86, regarding Bakersfield Police Depart- ment Sponsorship for the Golden Empire Suns Youth Band, as follows: On May 7, 1986, a letter was received from the Golden Empire Suns Youth Band requesting sponsorship by the Bakersfield Police Department and was referred to the Budget and Finance Committee for review. The Committee has met with staff and Lawry Heckmann and Janice Scheible, representing the Golden Empire Suns Youth Band, to discuss sponsorship, in name only, of the youth band. The requested sponsorship is necessary to provide assistance for the youth band in arranging for accommodations and its trips and performances throughout the United States. This Committee also feels that the positive expo- sure provided by the association of the City of Bakersfield with the youth band will improve the positive image of the City of Bakersfield. Therefore, this committee recommends that the Bakersfield Police Department provide sponsorship, in name only, to the Golden Empire Suns Youth Band and commend it for its efforts to improve the posi- tive image of the City of Bakersfield. Bakersfield, California, June 18, 1986 Page 5 Upon a motion by Councilmember Childs, Report No. 22-86 from the Budget and Finance Committee regarding Bakersfield Police Department Sponsorship for the Golden Empire Suns Youth Band, was accepted and the recommedations implemented. Councilmember Moore, Chairman of the Water Board, read Report No. 1-86, regarding Use of Kern River Water in Kern County as follows: Due to the recent level of interest and concern regarding various groundwater banking programs pro- posed for Kern County by major outside interests, including Metropolitan Water District of Los Angeles and the California State Department of Water Resources, the Water Board feels it is necessary to restate the City's long-standing policy regarding the use of Kern River water in Kern County. The City of Bakersfield, through its adopted water management policies and commitments made through numerous environmental impact reports relating to the acquisition and use of Kern River water, the City's policy has remained unchanged - THE CITY OF BAKERSFIELD WOULD NOT ALLOW ITS KERN RIVER WATER TO BE USED OUTSIDE OF THE SAN JOAQUIN VALLEY PORTION OF KERN COUNTY. This was the promise made to the voters who authorized the City to acquire the Kern River water rights and properties in 1976. The recently proposed water banking programs which would import additional State and/or Federal water to Kern County deserve merit and should be actively pursued. However, those programs which would result in the direct or indirect sale of Kern River water to areas outside of Kern County would cause irreversible damage to the well-being and long- range economy of our community. Therefore, the City Water Board requests the Council adopt this report and reaffirm the City's policy that it would not allow its Kern River water to be used outside the San Joaquin Valley portion of Kern County. Upon a motion by Councilmember Moore, Report No. 1-86 from the Water Board, regarding Use of Kern River Water in Kern County was accepted. Upon a motion by Councilmember Moore, dations in Report No. 1-86 from the Water Board, Kern River Water in Kern County, were accepted. the recommen- regarding Use of Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 12-86, regarding Fireworks Ordinance, as follows: The Committee examined the permit eligibility and application filing requirements of the Fireworks Ordinance and the background leading to the current ordinance. Prior to 1983, the number of permits to sell "safe and sane fireworks" was not limited. The number of permits issued was increasing each year to where the number of stands was becoming unmana- geable and stands in certain locations were doing marginal volume of business. In February 1983, the Council adopted Ordinance No. 2805 which made three major changes to the prior ordinance. 1. Limit to fifty the number of fireworks sale permits City wide without consideration of population. Bakersfield, California, June 18, 1986 Page 6 2. Provide for civic, religious and charitable organizations to get the benefit of permits issued. An attrition process was set in motion whereby for- profit organizations would qualify for a permit only if they had been issued a permit the prior year. 3. A provision time requirement eliminated. allowing the Council to waive the for filing permit applications was The Committee concluded that the ordinance is func- tionin as intended. It was noted there is a sixty- day period annually from March 15th through May 15th for filing applications for fireworks sale permits. The Committee also noted there is no for- mal notification process whereby prior year permit holders are advised of the application time period. IT IS RECOMMENDED that the Finance Director ini- tiate a process to notify prior year permit holders of the sixty-day application period by March 15th. The notification will be via certified mail. Mayor Payne stated, for the record, that Councilmember Dickerson was not present during the reading of the Report and is absent until action is taken due to a real or imaginary potential conflict of interest. Upon a motion by Councilmember Ratty, Report No. 12-86, from the Urban Development Committee, regarding Fireworks Ordinance, was approved and the Finance Director was directed to initiate the process. Councilmember Dickerson was absent. COUNCIL STATEMENTS CONTINUED Upon a motion by Councilmember Childs, Mayor Payne's appointment of Michael H. McAlister to the Historic Preservation Commission was approved. CONSENT CALENDAR Approval of Warrant Nos. 7841 to 8236 inc]u- sive, in the amount of $1,865,540.20. b. Claim for Damages and Personal Injuries from the following: 1. Jane Margaret Vontz, 3400 Mtn. View, #244; 2. Louise Wilda Lantz, 113 W. Warren; 3. Sharon L. Nelson, 6201 Mignonette Street; Joellen Schuerman and Jessica Ann McLendon, 3320 Wood Lane; Aaron Darrel Daugherty, 1517 Cheatham Avenue; (REFER TO CITY ATTORNEY). c. Dedication of Property: Grant Deed from Tenneco Realty Development Corporation for landscaping lot located at the southwest corner of Gosford Road and Westwold Drive. Bakersfield, California, June 18, 1986 Page 7 Public Utility Easement from Tenneco Realty Development Corporation located north of District Boulevard and west of Borman Way. Sewer Easement Agreement between the County of Kern and City of Bakersfield for the Buena Vista Sewer Trunk Line across County property located at Brimhall Road and Jewetta Avenue. d. Novation of Agreement between Pueblo De La Luna, Warren W. Wainwright, and the City of Bakersfield. e. Applications for Encroachment Permits from: Moreland Corporation, 4520 California Avenue, Suite 100, for the construction of a 22-inch high planter retaining wall behind the sidewalk for landscaping along Ming Avenue. Robert Lewis, 8608 Egan Way, for the construction of a 3-foot high wood fence along the side lot line to the back of sidewalk at 8608 Egan Way. Approval of Plans and Specifications: 1. Traffic Signal Systems on Hughes Lane at White Lane. 2. Traffic Signal Systems on Wlble Road at Valley Plaza entrance. g. DELETED and acted upon following approval of the Consent Calendar. Councilmember Salvaggio made a motion to adopt items (a) through (g) of the Consent Calendar. Upon a substitute motion by Councilmember Dickerson, item (g) was removed from the Consent Calendar. Upon a motion by Councilmember Dickerson, Items a, b, c, d, e, and f of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Saivaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, g. The transfer of budgeted funds in the amount of $17,711.42. Councilmember Dickerson made a motion to approve the transfer of budgeted funds in the amount of $17,711.42. This motion was approved by the following roll call vote: Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, RECESS Upon a motion by Councilmember Christensen, the meeting was recessed at 8:30 p.m. The meeting was reconvened at 8:35 p.m. Bakersfield, California, June 18, 1986 - Page 8 ACTION ON BIDS Upon a motion by Councilmember Childs, low bid from American Ammunition (2 items), in the amount of $3,065.63, Cheshire & Perez (3 items), in the amount of $1,758.22, and Alpine Range (2 items), in the amount of $861.99, for ammunition, were accepted and all other bids rejected. Upon a motion by Councilmember Salvaggio, Hearings, Item J.1, was moved forward on the agenda to be heard at this time. HEARINGS This is the time set for public hearing before the Council on an appeal by Murphy's Liquors to the decision of the Planning Commission denying their request for a Special Sign Permit for property located at 4005 South "H" Street. Mayor Payne declared the hearing open for public par- ticipation. Joanne Sheehan, owner of Murphy's Liquors, 4005 South "H" Street, spoke in support of the appeal. No protests or objections being received, and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Councilmember Salvaggio made a motion to grant the appeal on the basis that one year be given for both signs. Councilmember Dickerson made a substitute motion to grant the appeal and request for Special Sign Permit for 18 months for both signs. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Councilmembers None Salvaggio, Childs, Christensen, Dickerson Smith, Moore, Ratty ACTION ON BIDS CONTINUED Upon a motion by Councilmember Childs, low bid from Nu-Ease, Inc., in the amount of $11,267.76, for annual contract for Janitorial Supplies, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Moore, low bid from Granite Construction, for Alternate A, in the amount of $278,691.00, to resurface and improve Chester Lane from Oleander Street to Oak Street and "A" Street from Bank Street to California Avenue, was accepted; all other bids rejected; the use of savings from other projects approved; and the Mayor was authorized to exe- cute the contract. Upon a motion by Councilmember Moore, low bid from Granite Construction, for Alternate A, in the amount of $103,325.00, for resurfacing Easton Drive and Chester Lane north of California Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Salvaggio, low bid from Griffith Company, in the amount of $43,940.25, for pavement repairs on South Union Avenue between South Chester Avenue and Planz Road, was accepted; all other bids rejected; the use of savings from other projects was approved; and the Mayor was authorized to execute the contract. Bakersfield, California, June 18, 1986 Page 9 Upon a motion by Councilmember Christensen, low bid from Granite Construction, in the amount of $202,616.00, for street improvements on Ashe Road from Sanders Lane to Stockdale Highway, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Smith, low bid from Griffith Construction, in the amount of $239,350.00, for curb and gutter construction north of Kentucky Street between Owens and Brown Streets, was accepted and the Mayor was authorized to exe- cute the contract. Upon a motion by Councilmember Childs, low bid from Lewis Construction, in the amount of $26,820.00, for restroom and kitchen improvements at Fire Station No. 11, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Christensen, a]l bids rejected for Truxtun Avenue Underpass at A.T.&S.F. Railroad erosion control and irrigation, and staff was authorized to reevaluate the project. were Upon a motion by Councilmember Smith, all bids were rejected for pavement reconstruction on portions of Eureka Street between Beale Avenue and Haley Street, and staff was authorized to reevaluate the project. DEFERRED BUSINESS Adoption of Ordinance No. 3049 New Series of the Council of the City of Bakersfield changing the names of Canary Island Drive to Empire Drive and Bahamas, Court to Bahamas Drive. This Ordinance was given first reading at the meeting of June 4, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3049 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Ordinance No. 3050 New Series of the Council of the City of Bakersfield Amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code by Changing the Land Use Zoning of that cer- tain property in the City of Bakersfield located at the northwest corner of Wilson Road and South Real Road, approving the Preliminary Development Plan and making findings in connection with a P.C.D. Zone. This Ordinance was given first reading at the meeting of June 4, 1986. Upon a motion by Councilmember 3050 New Series of the Council of the Cit adopted by the following roll call vote: Salvaggio, Ordinance No. y of Bakersfield was Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Bakersfield, California, June 18, 1986 - Page 10 Adoption of Ordinance No. 3051 New Series of the Council of the City of Bakersfield Adding Title 19 to the Bakersfield Municipal Code Establishing the Rules and Regulations for the Bakersfield Municipal Airport. This Ordinance was given first reading at the meeting of June 4, 1986. Upon a motion by Councilmember Christensen, Ordinance No. 3051 New Series of the Council of the City of Bakersfield was adopted by the tollowing roll call vote: Ayes: Councilmembers Salvaggio, Dickerson, Noes: None Absent: None Smith, Childs, Christensen, Moore, Ratty NEW BUSINESS The following eight Resolutions are procedural steps in the tormation of Assessment District No. 86-3 and provide assessment bond financing for the acquisition of ettluent disposal pipe- line for Wastewater Treatment Plant No. 3. The eighth such Resolution sets the protest hearing before the Council tor July 30, 1986. Environmental documentation has been pre- viously approved tor all components of this project and no additional environmental docu- mentation is required for the actions recom- mended below: Adoption of Resolution No. 70-86 of the Council of the City of Bakersfield authorizing the Mayor to sign Resolution No. 86-327 of the Board of Supervisors of the County ot Kern accepting the terms and conditions under which County of Kern consents to acquisition of improvements and formation of Assessment District No. 86-3. Upon a motion by Councilmember Moore, Resolution No. 70-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 71-86 determining to undertake proceedings pursuant to special assessment and assessment bond acts for the acquisition ot improvements without pro- ceedings under Division 4 of the Streets and Highways Code City of Bakersfield Assessment District No. 86-3. Upon a motion by Councilmember Moore, Resolution No. 71-86 of the Council of the City of Bakersfield was adopted by tollowing roll call vote: the Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None ADsent: None Christensen, Bakersfie]d, California, June 18, 1986 Page 11 Adoption of Resolution No. 72-86 Describing proposed Boundaries of Assessment District, Directing the filing of Map and Assessment Diagram and the Recordation of Notice of Assessment City of Bakersfield Assessment District No. 86-3. Upon a motion by Councilmember Moore, Resolution No. 72-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 73-86 appointing Engineer of Work - City of Bakersfield Assessment District No. 86-3 Acquisition of Effluent Disposal Pipeline Wastewater Treatment Plant No. 3. Upon a motion by Councilmember Moore, Resolution No. 73-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen. Adoption of Resolution No. 74-86 appointing attorney for Pipeline Project City of Bakersfield Assessment District No. 86-3 Upon a motion by Councilmember Moore, Resolution No. 74-86 of the Council of the City of Bakersfield was adopted and the Mayor was authorized to acknowledge acceptance o[ the contract by the following roll call vote: Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution of Intention No. 1005 of the Council of the City of Bakersfield to acquire improvements for Assessment District No. 86-3. City Attorney Oberholzer indicated that this Resolution has been amended on Page 6, Paragraph 20, by adding a provision which gives the estimated cost of the local contribution. Upon a motion by Councilmember Moore, Resolution of Intention No. 1005 of the Council of the City o[ Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 75-86 of the Council o1 the City of Bakersfield for preliminary approval of Engineer's Report for Assessment District No. 86-3. Bakersfield, California, June 18, 1986 - Page 12 Upon a motion by Councilmember Moore, Resolution No. 75-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Councilmembers Salvagglo, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Adoption of Resolution No. 76-86 of the Council of the City of Bakersfield appointing time and place of hearing pro- tests in relation to proposed acquisitions and directing Notlee for Assessment District No. 86-3 - (Resolution of Intention No. 1005). Upon a motion by Councilmember Moore, Resolution No. 76-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Councilmembers Salvaggio, Smith, Childs, Dickerson, Moore, Ratty Noes: None Absent: None Christensen, Commercial Lease with Trojan Industries, Inc., for Airpark Restaurant. Upon a motion by Councilmember Childs, the Commercial Lease with Trojan Industries, Inc., for Airpark Restaurant was approved, and the Mayor was authorized to execute the Contract with the condition that the restaurant has the right to renew the existing property for three years, but not to have any renewal rights on the new hotel that might have their own restaurant chain associated with it. Proposal by Kenneth B. Payne to construct 40 units on the City-owned block in the Redevelopment Project Area between "M" and "N" and 21st and 22rid Streets. Councilmember Christensen made a motion to approve the concept of a mixed use residential property between "M" and "N" Streets and 21st and 22nd Streets, in the Redevelopment Project Area, and directed staff to work with the developer and bring a report back to Council. This motion was unanimously approved. Sale of Surplus Asphalt Paving Machine to the City of Arvin. Councilmember Dickerson suggested communicating with other cities in the County to see if there is any interest in purchasing this equipment. Upon a motion by Councilmember Childs, the City Attorney was directed to prepare the Ordinance allowing the sale of surplus equipment to other governmental entities without going through the competitive bid process and bring it back to Council for adoption. An Agreement with Destefani Farms, Inc., for Temporary and Permanent Sewer Line Easements. Upon a motion Destefanl Farms, Inc., Easements was approved, the Agreement. by Councilmember Moore, the Agreement with for Temporary and Permanent Sewer Line and the Mayor was authorized to execute Bakersfield, California, June 18, 1986 Page 13 Uncollectable Accounts Receivable. Accounts were last written off in June 1984. The staff has exhausted all possible means at its disposal to collect these past due accounts. In most cases, collection costs would be excessive or the individuals cannot be located. Upon a motion by Councilmember Ratty, the Finance Operations Manager was authorized to write off as uncollectible Accounts Receivable totalling $27,460.52 and forward these accounts to the City's Collection Agency for further action. Acquisition of Property at 515 Truxtun Avenue. Upon a motion by Councilmember Childs, the City Manager was authorized to proceed with acquisition of property at 515 Truxtun Avenue. (This item was acted upon prior to the recess of the meeting.) Councilmember Dickerson made a motion that Council con- sidered Senate Bill 2169. This motion was unanimously approved. Councilmember and made a motion that communicate this to the was defeated with Counc Dickerson stated his support for this hill the Council take a supportive stature and Assembly Committee members. This motion llmember Dickerson voting aye. City Attorney Oberholzer indicated that a roll call vote is needed on the acquisition of property at 515 'rruxtun Avenue because monies were not previously budgeted for the acquisition. Councilmember Salvaggio made a motion to authorize the City Manager to proceed with acquisition of property at 515 Truxtun Avenue. Th~s motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Salvaggio, Smith, Childs, Christensen, Moore, Ratty Councilmember Dickerson None Councilmember Dickerson clarified Ills no vote stating that the issue of acquisition was not on the agenda; time was not given to review the acqu~s~tion; the expenditure was not budgeted; anO the process was not reviewed by the appropriate committee. RECESS There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting was recessed, at 9:43 p.m, to June 23, 1986, at 5:15 p.m. MAYOR of the City ot Bako~sI'leld, CaliI'. ATTEST: CIT the Council of the C~ty of Bakersfield, California CW:rg